Attorney General Holder Blasted for Being Soft on Porn

WASHINGTON — The recent move by Attorney General Eric Holder to shut down the Justice Department’s Obscenity Prosecution Task Force set up during the Bush administration is causing conservatives in Congress to come out swinging.

According to reports, right-wing activists and anti-porn supporters in government led by Utah Senator Orrin Hatch are claiming that Holder and the Obama administration are soft on porn and are calling for a new crackdown on hardcore material.

The Obama team stopped any new obscenity prosecutions when it took over but allowed ongoing cases to continue even though the task force was officially but quietly disbanded earlier this year.

The final blow for dissolving the unit likely came after last July’s trial of John Stagliano when he was acquitted on all obscenity charges for lack of evidence. U.S. District Court Judge Richard Leon told the Washington Post at that time, “I hope the government will learn a lesson from its experience.”

Commenting on the task force's demise, Free Speech Coalition Executive Director Diane Duke told Politico, “It’s a very smart and pragmatic move on the part of the administration, It was a witch hunt against folks in the industry, and it wasn’t one that was particularly successful. … It just seems like, finally, the Department of Justice has caught up with the rest of the nation.”

But the dissolution of the DOJ's porn police is causing a stir on Capitol Hill.

Hatch's resurrected fight against adult began earlier this month when he and 41 other senators — that included some democrats —  sent a letter to Holder pushing for criminal cases against “all major distributors of adult obscenity.”

Hatch told Politico in a statement, “Rather than initiate a single new case since President Obama took office, however, the only development in this area has been the dismantling of the task force. As the toxic waste of obscenity continues to spread and harm everyone it touches, it appears the Obama administration is giving up without a fight.

“We write to urge the Department of Justice vigorously to enforce federal obscenity laws against major commercial distributors of hardcore adult pornography. We know more than ever how illegal adult obscenity contributes to violence against women, addiction, harm to children, and sex trafficking. This material harms individuals, families and communities and the problems are only getting worse.”

But despite the knocks against its effectiveness, the government said it is not giving up the fight against porn but instead wants local U.S. attorneys and the Child Exploitation and Obscenity Section of the Criminal Division to handle porn cases.

Justice Department spokeswoman Laura Sweeney said that the decision to discontinue the task force was made by the department’s Criminal Division, which is headed by Assistant Attorney General Lanny Breuer.

 “Re-incorporating the prosecution of obscenity violations into the Child Exploitation and Obscenity Section, as opposed to having a separate task force, provides for increased collaboration among experienced attorneys and agents, and gives our prosecutors the most solid foundation possible for pursuing their mission,” Sweeney said.

And the Justice Department didn't take Hatch’s letter lying down. In a response it said it “has charged violations of the federal obscenity laws over 150 times since October 2008, and has recently secured guilty pleas from defendants in several cases involving adult obscenity.”

The Child Exploitation and Obscenity Section took over obscenity cases in January but has a carryover pending case against producer Ira Isaacs scheduled for May 17 in Los Angeles. But the Feds said the unit's greater priority is now focusing on the exploitation of children, child porn and obscene depictions of child rape.

However, Morality in Media’s Patrick Trueman — a former obscenity prosecutor — disputes the DOJ’s claim of 150 recent obscenity prosecutions and said no adult obscenity prosecutions have been initiated under Obama.

“In various administrations — not just this one — DOJ has tried to sell the notion that it has a vigorous enforcement of obscenity laws underway.  A look at the cases, however, reveals that what are counted as ‘obscenity cases’ are in fact child pornography cases where the defendant is allowed to plead down to an obscenity charge. … To suggest that such cases are adult porn cases is just wrong,” Trueman said.

One of the signers of Hatch’s letter was democratic Senator Dianne Feinstein of California whose constituents make up the bulk of adult production in the country.

In response to Feinstein’s surprising support of Hatch, Duke told Politico, “I have a feeling she’s going to be getting a lot of letters from our area. It’s political season and we’re an easy dog to kick, but Dianne Feinstein needs to understand that a good portion of the economy in California comes from our industry, and we pay taxes and we’re voting members of the community.”

When asked about her interest in the obscenity issue, a spokesman for Feinstein pointed to her support for several measures targeting child porn in recent years.

The recently disbanded task force unit was created by former Attorney General Alberto Gonzales in 2005 amid complaints from social conservatives that the DOJ was almost never pursuing adult obscenity cases.

Gonzales told Politico that he always considered child porn to be a bigger priority than adult porn and it made sense to have a multi-talented task force. However, he called the prosecution of obscenity cases “difficult” and said it was not surprising that most prosecutors were more concerned with matters such as terrorism and antitrust prosecutions.

The former Attorney General wouldn't comment on the disbanding of the task force but said, “There are always competing priorities and objectives, and they may have felt that there was perhaps today a more effective way in dealing with this issue. I don’t want to second-guess it or want to be critical of it. I have to believe they believe as strongly as I do that crimes against children and obscenity should be addressed — one way or another.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Show More